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away. >> lawrence: closing arguments set to take place today. jury asked who would you want on the train with you? >> go ahead and pardon donald trump for all his charges. >> steve: see what happens with that? and california governor gavin newsom asked to trump-proof california. >> call for retribution, revenge is clear, we responded to his assault on california. >> steve: okay. final hour of "fox and friends" starts, you ready? right now! >> lawrence: fox news alert, closing argument in the trial against marine veteran daniel

penny. >> ainsley: and chanley painter is live at the courthouse and now she works for fox news. >> chanley: good morning, it is getting busier around the courthouse now and court will resume in a couple hours and this case will be in the hands of the jury. they will have to answer whether or not daniel penny is a hero or villain, two pictures were painted in that courtroom yesterday. defense took two hours reminding the jury what it was like. they played eyewitness accounts describing how jordan neely was high on drugs, he was schizophrenic. daniel acted when others didn't,

for perfect strangers, who would you want on the next train ride with you, guy wearing his e earbuds who will be there or hope someone like jordan neely never enters when you're alone? counter is that the marine veteran knew he was holding a kathy hochul-hold far too long and did so after emnant harm was over. we are here today because defendant used too much force, too long, too reckless of a manner. we cannot justify the death of a citizen. we expect an hour of jury strksz /* instructions. penny faces up to 15 years.

>> steve: as a lawyer, you have seen all the players and everybody is focused on the jury. during jury instruction later today, during closing argument and when jury members, were any taking notes? if they were, were they taking more notes as defense spoke or prosecution spoke? >> chanley: i had my eye on that a lot, i stared at the jury. three or four take consistent notes and evenly done for defense and prosecution. one jurior in the front row, i felt like was going to run out of space and others holdup their notebook to make sure it is seen

they are writing something down. what was supposed to be proven, whether or not daniel penny was sk squeezing in those moments. they will go side by side through the video and stills, the jury is leaning in, looking at what is on the screen to make sure they are understanding. i was on the lookout for nods, taking in what they were saying. this jury is smart, they know they were being watched. for prosecution there were more women nodding than in the defense. >> brian: forensic expert who did cause of death, is it true they said, is this agreed upon, he did not die from the choke, it was combination of things, the synthetic drugs, the sickle

cell in his organs, the exertion, off theion, is that c consensus? >> chanley: no. disagree on that, that is just defense. prose prosecutor, she took her time yesterday to have today to have the final word and she said she will fo us can on the cause of death, that is most nocontention. how did jordan neely die? medical examiner offices solely choke hold, he couldn't breathe. the defense brought an expert that said no, it was the exhaustion of the event, they point to sickle cell crisis in that moment and i have to mention one important point the defense made yesterday.

they played the video and said, if he couldn't breathe, he would have been pulling at his neck, you don't see him doing that in the video. >> ainsley: the other guy was holding his hands, right? >> brian: only at the >> aiend. >> chanley: the defenses he is lethargic and in a sickling crisis, this blood condition, it wasn't he couldn't breathe, he wasn't fighting in that way. >> lawrence: that is fascinating they made that argument, as someone who puts people in chokes in ju jitsu, that is fascinating point. >> ainsley: in your experience, trying a case down in arkansas is different than it is up north

in new york. more people areic sympathetic t daniel down south, probably, right? >> chanley: you know what, one thing i love about being in a courthouse like this, i have to go when i'm done with you guys, go get a seat, there are limited seats. members of the public show up and i enjoy speaking with them. what do they think about this is divided and interesting to hear. the deli across the street, someones this should not have even been brought to trial, this is clear self-defense. someone else will say he should have let go sooner than that. there is a mix of opinion, who knows what the jury will take back in the room when they start. >> steve: jury could get the

case later today. get back in line and thank you for coverage. >> brian: the guy who owns the deli is probably a legal expert now. >> lawrence: i think the case will rest on the point you made, c consensus. prosecution left out the tox report, how are you a medical professionals and leave that out? defense did break it down why that mattered. >> ainsley: to cause doubt. wait a minute, was it drugs, sickle cell. >> lawrence: why didn't prosecution mention this? >> brian: sure. is this guy carrying a knife? he said he wants to kill me and everybody and himself. i let him go and he whips out a

knife, i find a lot of analysis over the top and not practical. >> steve: things kickoff in two hours. the department of justice special counsel, that guy there, i thought it was david weis, he says motion to dismiss hunter biden indictment should be denied. >> brian: madeleine rivera is in washington. >> madeleine: hunter biden legal team want automatic dismissal of gun and taxis cas, that is what david weis is taking issue with. he does not deny he has been pardoned. it does not mean probable cause should be wiped away. there was none and every has been evident of selective prosecution contradicting the

president's characterization of hunter's indictments. >> no, read the president's statement, read the president's statement, he said he believes in department of justice and believes it was a miscarriage of justice. he believes his son was unfairly targeted. and enough is enough. s >> hunter's lawyer says -- special counsel says this is practice of courts and provides legal support that dismissal is warrant. it just means the indictment has been resolved. >> steve: thank you very much. you know, yesterday we spent

most our three hours talking about this. yesterday joe manchin popped up on cnn and said given fact joe biden said i will never, ever pardon my son, there was this observation. >> what i would have done differently, why don't you pardon donald trump and make it -- it would have gone down more balanced, if you will. i'm just saying, wipe them out. >> ainsley: jonathan turley brought up a good point, he does not need the pardon. >> brian: federal cases dropped. >> ainsley: difference is hunter biden did these crimes. >> lawrence: he confessed to some of them. >> ainsley: many people think donald trump was targeted by democrats and liberal justice department. >> brian: he talks about buying

a gun,taking a gun, having bo's wife getting worried and throw it in the trash. to not acknowledge the laptop, shows how impefruous this guy thought he was. doesn't matter, my dad will pardon me. elon musk said now who is above the law? and chief of staff talked about moral clarity of joe biden insisting he would not pardon joe biden and evan osnov talked about his old-school sense of beauty and does not abuse power. >> lawrence: it is not just that, it is the party that talks about privilege all the time and equity. do you think anybody else would have gotten this type of shake

out there? i don't understand a person so concerned about his legacy, does he want this to be the legacy? or is he bruised by the democratic party and does not care? >> ainsley: law is the law, he is allowed to pardon. donald trump might do it for someone he's close with and republicans can't say anything about it. he's ashesllowed to do this. what i'm hearing on the networks yesterday, they are upset he lied. why didn't he say i am going to or i don't know yet. >> steve: how many times did joe biden when asked about different things, he said, that is an independent agency, i'm not going to meddle in it. david weis is saying joe biden says this is selective

prosecution and it was not. now technically it is up to two judges, one in california and delaware whether or not they do dismiss the case. if president of the united states issues a pardon it is rubber stamp. technically it is up to the judge. >> ainsley: what about them blaming raw politics? why not blame him, he committed crime and did not pay his taxes. he lied on a gun form, why would it be politics? he actual ly did this. >> lawrence: they allow him to sleep around with his brother's dead wife, not take care of his children, entire mess that the president and first lady has allowed him to get away with. this is only cherry on top, never had to deal with

accountability. >> ainsley: is that because he lost his mom and brother? >> lawrence: a lot of people in eshg m have to deal with loss and grief and addiction, they don't have the president to rescue them, though. this is sad example for the country. yes, stand with people with addiction problems, everyone does not display that behavior. >> bryan: the justice department has been weaponized, you mocked me. trump said i'll debate you on wednesday and he lost his career while they waited, that is why kash patel has been fortified, he will fix it. >> lawrence: that is the deal, though, they -- i had that talking point yesterday, finally

democrats and republicans agree on this issue. kjp asked about it, she made it seem like a hunter biden situation. one situation that department of justice has been unfair and just hunter biden. >> steve: allow me to portray what kjp said on air force one, two things can be true, you can believe in the doj system and believe the process was infected politically. joe biden saying his party line now, darn republicans came after me. darn doj came after me. as guy who did the prosecuting david weis, you are my boss, you are wrong. >> ainsley: are you hearing anything about kjp's reaction? say i'm not going to pardon. i would think she was upset, some said she should have

resigned. she is passing long his message. >> steve: ultmatzly as mouth piece for the president, what is your official position on this, this and this and he tells her or puts it in the bidener. she has been asked and he's been asked, it was emphatic no. not going to pardon and they lied. >> lawrence: malpractice part, nbc said he always intended on doing it. she said, he came up with this over the weekend. another report said they were just working on messaging. >> ainsley: they also said the border is secure. >> brian: fbi was told you can't interview hunter biden leading

up to the election and i.r.s. whistleblowers were told not to investigate hunter biden. he got all the money and the money ripples to grandchildren and he doesn't pay taxes on it and he feels weaponized? he got away with it because he is the son of the president. >> steve: got away with it allegedly because of statute of limitation. >> lawrence: they allowed to happen. >> ainsley: a man finding two missing babies outside a ditch after he went outside to get a package. so cute. two little girls were kidnapped before being found four miles away, left outside in freezing temperatures. they are okay, they are searching for information on what kidnapped the children and why. amazing footage out of colorado,

who children rescued from a fire by two local sheriff deputies. >> hey, come over this way. >> come over here. >> kids. [screaming] >> okay, hold on, sweetie. come here, come here. >> i can't. >> through here. >> ainsley: oh, authorities say the adults were not home, both children made it out without injuries. the two deputies were cl cle cleared. president-elect trump told canada president trudea if canada can't survive without rip united states maybe canada should become the 51st state. trump replied, so, your country

can't survive unless it is ripping off the u.s. to tune of 100 billion and suggested canada could become 51st state, which caused the prime minister to laugh nervously. sean hannity's new show today, interviewing silvest er stallon. >> people can look at that and glean something out of it, also the need of hope. >> ainsley: stallone speaking about impact of his movie "rocky" reminded us of 2016, when john roberts ran the famous rocky steps in philadelphia. there he goes. >> steve: i was just talking to

john on the phone and he said, as he was going mid-step up, he realized, i'm exhausted, but i'm on national television and i have to keep going and he kept going and going and probably felt he was going to have a heart attack. john roberts, we had to keep going until john roberts did what silvester stallone did in the movie. he turns around and raises his arms, rocky for a day. >> ainsley: i love it. yeah! >> john roberts, you the man! >> steve: awesome. >> lawrence: go big on tv. >> ainsley: i had never been to philadelphia when i moved to new york, we went and saw liberty bell and went to the famous places and we did do the rocky

steps. have you done it? >> steve: did you see john roberts? >> ainsley: i don't think john was working at fox at the time. you asked if i saw john roberts in philadelphia, is that what you meant? >> brian: nice if they got rid of crime. >> ainsley: have y'all done it? >> lawrence: i have, out of breath. >> steve: i had two kids that went to college. >> ainsley: did you try it? >> steve: of course. >> brian: i have developed quads. >> lawrence: toss to janice who is here to open up day three of our "fox and friends" advent calendar. >> janice: i rather the cheese steak than running. it is the scram-boozel, twisting, turning, brain teasing puzzle, spinning, shaking, solving, you might have to bring

your own boozel to play scram-boozel. more "fox and friends" coming up, yeah, merry christmas. come on in, how are you?

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>> lawrence: white house defending president bidena decision to pardon his son, despite him saying he wouldn't do so. >> read the president's statement, he says he believes in politics, he also believes it led to miscarriage of justice. what his political opponents have done is cruel and enough is enough. >> lawrence: this is department of justice. could biden's brother james be next on the pardon list. le let's ask meyeriranda devine.

now he believes department of justice is corrupt only against his se son? >> it is his own department of justice he weaponized against donald trump. he can't have it both ways in fact, the bias went one way, toward protecting hunter biden and joe biden and we know that because of two honorable public servants, dave cshapley and joe zie ziegler, who investigated hunter biden for a slew of crimes for five years in delaware. they have testified to congress when they came out as whistleblowers, they were obstructed every step of the way. it was favorable treatment to hunter biden and investigative trail that led to joe biden and

his role in the family's corrupt dealings were blocked from pursuing. joe biden is as usual, saying the opposite of the fact. he is embodiment of what he accuses donald trump of doing. >> lawrence: do you think the brother is next? he has to pardon the brother, too, right? >> i'm sure there will be a lot of people joe biden pardons and anybody that could testify against his family, former business partners and even people like dr. anthony fauci, anybody he perceives republicans might want to bring to account for wrong 2k4r9doing during his administration. >> lawrence: so unfortunate. hopefully we'll get to the

bottom of this. miranda devine has been on this story before anyone else, thank you for joining the program. there will be hell to pay, that is trump's warning to hamas, bringing hop from families of hostages, like our next guest. e hostages, like our next guest. where ya headed? susan: where am i headed? am i just gonna take what the markets gives me? no. i can do some research. ya know, that's backed by j.p. morgan's

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>> brian: president-elect trump demanding immediate release of all october 7 hostages being held in gaza. bill melugin is in west palm beach. bill. >> bill: president-elect trump is putting hamas on notice, essentially saying if these hostages are not released by

time i take office, you'll have problems on your hand. in a truth social post he said, please let this truth serve to represent if hostages are not released prior to the day i proudly assume office of president of the united states, there will be all hell to pay in the middle east. he said those responsible will be hit harder than anybody ever hit before. he announced last night he'll travel to participants on saturday and attend reopening of notre dame cathedral after parts were enjoyed in that big fire five years ago. they have been in touch with emmanuel macron office about the vftz and trump expects it to be a special day on saturday. back out live, things continue

to chug along. two of trump's picks, pam bondi and pete hegseth are both on capitol hill today and expected to continue their meetings with republican senators that started yftz and continue today. back to you. >> brian: intensity everywhere. family members of hostages waiting for answers including our next guest, etie chin's father rubi joins us now. your thought there is ceasefire with hezbollah, mysteriously quiet with iran and now i imagine more focus on gaza, where your son is thought to be held. what are your thoughts now? >> thank the president, he has not been that much on social and fact he tweeted what he did yesterday just shows his

commitment to this topic and we cherish his obligation to our cause, the tragedy that we've been having to endure for over tw 424 days. pause a second and send my one con condolences to the family that received news the yesterday, they were notified and i think it is coupled with the life of a alexander family got on saturday, i think those two events, couple together and a, brought the president to talk about the topic on social and b, i know it connected and incentivized both teams,

existing administration and incoming administration to work together in a bipartisan way to find a solution before january 20 happens. >> brian: it is important the president of the united states said you have six americans there, that are dual citizens, we want them out and you better fix this and that is type of directness you need, it seems to be welcome among hostage families. i know that hamas watches and understands the world press and the news. what should they take away from that? >> that is exactly the type of language we are missing. there are u.s. hostages and message was not just to hamas, it was directed to iran and the other ben fish bin /* beneficia supporting iran. hamas is still able to pay monthly salaries to militants,

as well as operators inside gaza. it is unacceptable hamas is able to pay tens of millions to these people, money is coming from places that we know, places in the middle east. people or companies that claim to be allies of the united states, and that needs to stop and that is going to be a strong message from the president when he gets into office and that is what he means. >> brian: got you, sorry your family is going through this and hope hopefully threat of donald trump coming president will get everyone's attention. >> -- christmas coming up, one christmas with empty chair, we like to ask people to pray with us together to hope we have a miracle waiting for us, our kid will come out by christmas

before president starts office on january 20. >> brian: that is of course etie. a woman thought to be kidnapped spotted crossing the border in mexico, the mystery surrounding her voluntary disappearance. e ma and come fresh from the family farm. and produced under the most sustainable farming techniques. from our sheets to our blankets and quilts this is a product that can be passed on. it could be a family heirloom. go to red land cotton dot com and receive 20% off your order with code fox 20.

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>> steve: the los angeles police department says that woman from hawaii who disappeared after landing at lax last month is considered what they are referring to as a voluntary missing person. brooke singman joins us here to explain what this is all about. >> brooke: that is right, lapd providing update on the search for hannah kobiashi. >> we reviewed video sur surveillance >> u.s. customs that shows her crossing into the us from mexico. >> her father was found dead in an pattern suicide after traveling to latino to find her. her family saying they were unaware of tz department investigation until they were sent videos of the police chief

speech. she was stopping in l.a. on way to new york city, there is no record of her getting on a connecting flight. there is no evidence of human trafficking, she seemed to want a less complicated life. officials said she intentionally missed that flight. >> steve: thank you. other headlines, stay outside in california. california lawmakers kicking off special session to trump-proof the golden state. gavin newsom seeks up to 25 million to fight potential federal lawsuits when trump is president. newsom's office wants budget signed into law by january 20th, before trump takes office. annual christmas tree lighting, after the tree traveled by land

and sea. the ceremony will kickoff 5:00 p.m. eastern time. we'll see highlights tomorrow on this show. meanwhile, here in new york city, it is about 30 degrees outside by the tree and that is where we fine janice. >> janice: it feels like christmas. where are you from 1234 >> georgia. >> janice: you having fun? >> great time. >> alabama. >> janice: i love it. >> chico, california. >> you having fun in new york city? what is your name? >> morgan fnoble, illinois. happy birthday, you ladies from same town? >> alabama. >> newcastle. >> janice: lake effect snow and it is cold outside as far south as florida with freeze advisory. we saw everybody and said hello and back inside to you. >> steve: good morning, everybody. thanks. today is giving tuesday and boys

and girls club of america are making sure every child is gifted the opportunities they deserve, that is coming up. with news you deserve, there is bill hemmer. >> bill: good story, steve. more fall out from the hunter biden pardon, who is next? we'll check on that. donald trump with a stern message for hamas. the jury might get the case in the subway matter in manhattan. and how bad was kamala harris' loss last month? we've have reports from every county in america. we'll see you 10 minutes away.

come on in, how are you? for god so loved the world that he gave his only son. so that everyone who believes in him might not perish, but might have eternal life.

>> ainsley: a new survey reveals the majority of gen z and gwen alpha want to go to college and more are relying on scholarships instead of taking on the debt. to help the younger generations reach their goals the boys and girls clubs of america created a holiday gift guide that shows supporters how charitable gifts impact the lives of these children and teenagers. to celebrate giving tuesday is the ceo of boys and girls clubs of america jim clark. thank you so much. you help so many of the children

in my community in long island. you are amazing. tell us about this gift guide. >> thank you for having me and us as part of your show this morning. it is great to be here, great to be in new york and it is great to talk about giving tuesday, which is a special day of global giving to support nonprofits around the globe. on top of that it is always the first tuesday after thanksgiving so this is a special day for a lot of reasons. when we think about the work we do at boys and girls clubs of america, it is all about putting young people on the path towards success and becoming a great citizen in our nation. and as you stated early on here, it is about the future. making sure that they have a great future. so it is helping them realize that they are great citizens but also successful academically and successful in life and prepared for the workforce or postsecondary education. >> ainsley: i will donate to your organization. tell us what happens if i

donate, there are $25 options, $50 option. whatever you want to give you can give. $25 is two starbucks in a month, right? basically. what does that give a child? >> for example, $25 provides meals for a week for five kids. $50 help ten kids with homework for a week. on top of that you can double the impact of a gift this week right now today. we have a great partner in fan daig owe that will match the first $75,000 of gifts we receive. it is a great opportunity to double your impact at boys and girls clubs. >> ainsley: so nice of them to do that. choose a theater from fandango. they help the boys and girls club. >> boys and girls clubs of america is celebrating its 164th anniversary. the first club in hartford, connecticut in 1860. today over 5,400 boys and girls

clubs here in the united states and on every military base, u.s. military base in the world. we're urban, suburban, rural and small town america. on top of that we're the largest provider of youth services on native lands in america serving 3.3 million young people every year focus on academic success, good character and citizenship. healthy lifestyles and life and workforce readiness. preparing kids for the future so they have a great future and become productive, active, caring citizens in our society. >> ainsley: do you put your units in different neighborhoods where children need a place after school? >> we're the out of school time space. after school, during the school year and during the day in the summer. yes, when parents are working or not at home, this is a great place for young people to go. we will get their homework done by being with us. >> ainsley: such a help to the parents, jim. i have a third grader. i know. it takes a long time after

school. just at the table just to focus on that. >> kids are kids? do you have any homework? no, of course not. we partner with schools and know what homework looks like. teenagers, we helped them be prepared for a job, military, university or tech school, whatever that may be. >> ainsley: what happens, we don't have much time. the kids that are part of your organization, they go on to be very successful most of them, don't they? >> they do. we have a great alumni channel. one in 19 americans are alumni of boys and girls clubs. the degrees of separation is small. national spokesperson is denzel washington and he tells his story. what is important we do a harris survey of our alumni and 56% tell us that the clubs not just changed their life but saved their life. >> ainsley: god bless you, thank you so much. we're out of time. >> bill: good story there. good morning, everybody. 9:00 in new york and